1 Cal. 3d 335 - People v. Fowler’s Empirical Analysis

Citation profile

8 federal appellate · 133 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 144 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In the Wade case * * * a bank robbery took place on September 21, 1964. An indictment was returned on March 23, 1965. Wade was arrested on April 2, 1965, and counsel was appointed to represent him on April 26. Fifteen days later, without notice to Wade's lawyer, two bank employees observed a lineup and identified Wade. The post-indictment lineup * * * was held * * * to be a 'critical stage of the prosecution' at which Wade was entitled to the assistance of counsel." "In Gilbert * * * three eyewitnesses to one robbery observed Gilbert 'at a lineup conducted without notice to his counsel * * * 16 days days after his indictment and after appointment of counsel.' * * * The lineup occurred on March 26, after Gilbert had been indicted * * * . Witnesses, who were present at the lineup, identified Gilbert in court * * * . The court (per Mr. Justice Brennan, over vigorous dissent) said, * * * 'The admission of the in-court identifications without first determining that they were not tainted by the illegal lineup but were of independent origin was constitutional error. * * * [T]he record does not permit an informed judgment whether the in-court identifications * * * had an independent source.' The case * * * was remanded to the California Supreme Court 'to afford the State the opportunity to establish that the in-court identifications had an independent source, or that their introduction * * * was in any event harmless error.' 1 "The Stovall case, * * * did not involve a post-indictme”

   2 later decisions quote this exact passage
   e.g. People v. Johnson · State v. Iron Shell

2. “the establishment of the date of formal accusation as the time wherein the right to counsel at lineup attaches could only lead to a situation wherein substantially all lineups would be conducted prior to indictment or information.”

   2 later decisions quote this exact passage
   e.g. People v. Hickman · People v. Johnson

3. “of the prosecution at which the accused is entitled to the presence of counsel. (7) A search of a person's property has never been held to be a procedure constituting a critical stage at which the accused has the right to the presence of his counsel, since the propriety and validity of the search is subject to such strict scrutiny through the safeguards provided under the Fourth Amendment and the decisions construing and applying the amendment. This scrutiny removes the basis for regarding a search of a person's property as”

   1 later decision quote this exact passage
   e.g. People v. Strawder